The 3.65 GHz Opportunity for U.S. WISPs

The 3.65 GHz Opportunity for U.S. WISPs The 3.65 GHz frequency band presents an unparalleled opportunity for rural and suburban service providers what has been referred to as a land grab opportunity to capture market territory and broadband customers. The availability of the band, combined with WiMAX wireless technology and the ease of registering to use 3.65 GHz, has created all the necessary ingredients for Wireless Internet Service Providers (WISPs) to cost effectively replace first generation legacy equipment or deploy new networks. U.S. WISPs considering the use of WiMAX for 3.65 GHz service benefit from the fact that WiMAX has already been successfully deployed around the world. The early adopter phase is over and the technology is proven from a performance and reliability standpoint. In addition, a huge ecosystem has developed that has reduced the cost of WiMAX technology. Beyond this, operators that move quickly also have the benefit of timing, and being first to market. After all, what is more important than staking claim to frequency We wanted to take advantage of the success of the WiFi movement and take it to another level. Our licensing regime for the 3650 MHz band will serve as a wireless highway between small towns and the big city it will facilitate the delivery of broadband to all corners of the country by serving a different user group, one that often is driven by more localized, community based needs. FCC Commissioner Jonathan S. Adelstein rights and securing customers before the competition does? This presents a chance for WISPs to utilize the benefits of today s state of the art wireless technology, and all the advantages WiMAX offers such as superior quality of service (QoS), enhanced Service Flow management, Adaptive Modulation and network scalability. For existing and new WISPs, the combination of the 3.65 GHz band and WiMAX represents a rare opportunity to serve more customers efficiently and cost effectively. Although larger cities across the U.S. have broadband service available in the form of cable modems or DSL, vast sections of the U.S. are not served by adequate and affordable broadband service. Furthermore, many consumers and businesses that do have broadband access receive less than ideal speed and reliability due to inherent limitations of broadband cable and DSL, such as distance from the central office or primary infrastructure distribution points, and over-subscription of the network at peak times. On the other end of the spectrum of broadband users in the U.S., there are small businesses and government entities paying too much for broadband service delivered via T1 lines and fiber. These customers are also excellent prospects for WISPs to target. The good news, for small and mid-size WISPs wanting to serve such customers, is that large carriers aren t paying attention to this huge market; most are focused on urban areas where they can capture higher population densities, and possibly compete with mobile voice/broadband. This leaves a significant portion of the country under-served and available for WISPs interested in serving customers with the 3.65 GHz band. History of the 3.65 GHz band Historically, the 3.65 GHz band was exclusive Federal Government spectrum allocated on a primary basis for radiolocation services and, later, was also allocated to the non-government radiolocation services on a secondary basis. In 1984 the FCC added a primary allocation in the 3.65 band for non-government fixed satellite services (FSS) space-to-earth operations. In 1998 the FCC issued a Notice of Proposed Rulemaking and Order whereby the Commission proposed to allocate 3.65 GHz to the non-government fixed service on a primary basis and tentatively concluded not to allocate the band to land mobile service. In 2004 the Commission released the Notice of Proposed Rulemaking, proposing the operation of unlicensed devices in the band. In the Notice, the FCC stated that the band would foster the introduction of new and advanced services to the American public, especially in rural areas, and would result in more efficient use of spectrum. The Commission proposed to allow unlicensed devices to operate in this band with higher power limits than typically allowed for Part 15 devices. 2

In 2005 the FCC adopted a Report and Order for the 3650-3700 MHz band, deciding to provide for structured entry into the band by adopting a non-exclusive licensing scheme, in lieu of an unlicensed scheme that had originally been proposed. In reaching this decision, the FCC considered many factors, including the band s encumbrance with grandfathered satellite and radiolocation operations, which prevented terrestrial use in many centers along the east and west coasts, and the lack of pairing opportunities with other spectrum for duplex operations. This, as well as evidence that the band was well suited to high-power broadband operations, persuaded the Commission that much of the interest in developing the band was focused on smaller markets and less densely populated areas. For these reasons, the Commission structured the band s rules to provide WISPs and other providers an economical means of quickly initiating broadband services, particularly in under-served and rural areas. This emphasis on rural and under-served U.S. populations may be partially attributed to the net neutrality movement, which is fundamentally about providing equal access to the Internet. Solectek WiMAX base station installation in Indiana. The Commission concluded that the 3.65 GHz band would be best put to use on a non-exclusive shared use basis. The Commission adopted a nationwide, non-exclusive licensing scheme for terrestrial operations in the band and adopted provisions to enable cooperative, shared use of the band, including a streamlined licensing mechanism and a requirement that equipment operating in the band incorporate a contention-based protocol to minimize interference. The Commission concluded that this licensing approach reached an appropriate balance, providing a framework with low entry costs and minimal regulatory delay, while still ensuring more orderly operation than would exist under a traditional unlicensed approach in which users must accept interference from others in the band and users locations may be unknown. The Commission required that all 3.65 GHz licenses cooperate and make every effort to avoid harmful interference and specifically declined to give interference priority to licensees who were the first to deploy in an area. The Commission required that all 3.65 GHz band licensees register their fixed and base stations in a common database. The Commission concluded that the non-exclusive licensing model, in conjunction with operational and technical safeguards (such as contention-based protocol and registration requirements), obligated licensees to cooperate to avoid harmful interference. The Commission concluded that the licensing rules it adopted would ensure open access to this spectrum for nominal application fees and allow effective and efficient use of this spectrum in response to market forces. This, the Commission reasoned, would encourage rapid deployment of broadband technologies and advance the goal of bringing broadband services to all Americans, including consumers living in less densely populated rural and suburban areas. Contention-Based Protocol Requirement There are two technical thresholds for system-based cooperation, as defined by the FCC. The first is Restricted Contention, which is a system that is aware of the presence of other similar systems and can adjust their operation in the presence of such similar systems. Equipment authorized under this rule is limited to deployment in the lower 25 MHz portion of the 3650-3700 MHz allocation (3650-3675 MHz) and may not be used in the upper 25 MHz allocation (3675-3700 MHz). The second technical requirement, for Unrestricted Contention, requires devices to sense and react not only to similar systems, but also different systems. Such devices can use the entire 50 MHz of allocation. What is Contention-based Protocol? A protocol that allows multiple users to share the same spectrum by defining the events that must occur when two or more transmitters attempt to simultaneously access the same channel and establishing rules by which a transmitter provides reasonable opportunities for other transmitters to operate. 3

Emission Limits In setting the power limits for transmissions in the 3.65 GHz band, the Commission balanced numerous competing factors to serve the public interest and foster the expeditious introduction of new terrestrial services in the 3.65 GHz band. These factors include (1) the importance of interference protection for grandfathered FSS earth stations and federal government radiolocation stations, a list of which is presented at the end of this White Paper under Appendix, and (2) the need to ensure efficient use of the band by avoiding mutual interference among licensed operators. The Commission adopted a peak power density of 25 Watts per 25 MHz of bandwidth and no greater than 1 Watt per 1 MHz of bandwidth for fixed applications and imposed a limit of 1 Watt per 25 MHz of bandwidth for mobile operations. The Commission concluded that it set the 3.65 GHz power limits at an appropriate level to support commercially viable services which will allow licensees to operate effectively in the band without unacceptably interfering with each other s operations. In addition, the power limits, combined with protection zones for grandfathered FSS earth stations, prevent interference with in-band satellite operations. The Commission established 80 mile protection zones for such FSS sites operating in the 3.65 GHz band, however, the Commission ruled that licensees in the band could establish fixed terrestrial services within protection zones if the affected FSS operator provides approval. 4

Licensing Process The Commission will issue an unlimited number of non-exclusive nationwide licenses to non-federal entities for the 50 megahertz of spectrum allocated for commercial use. These licenses serve as a prerequisite for registering individual fixed and base stations. Mobile and portable stations, which are typically used by end-users and consumers, do not require a separate license and do not have to be registered. According to the FCC, there are four key steps involved in obtaining authority to operate a base or fixed station: Obtain a nationwide, non-exclusive license using ULS (Universal Licensing System) http://wireless.fcc.gov/uls/ Before registering a station, examine the ULS for nearby stations Obtain FCC-certified equipment with contention-based protocol Register each fixed and base station using ULS and pay a $210 fee. You will need to input the FCC s equipment authorization numbers of the product to be used. Once an operators holds a license, it is considered National and they can deploy 3.5 GHz equipment anywhere in the U.S., except in the exclusion zones (unless permission is received by the grandfathered operator). These licenses are non-exclusive and anyone may apply for and obtain a license with no priority given to those entities holding licenses registered earlier. FCC Registration Entities must obtain an FCC Registration Number (FRN) prior to applying for a license. This can be done online, and is free of charge via the FCC s Commission Registration System (CORES). https://fjallfoss.fcc.gov/coresweb/publichome.do Step 1 Go to the FCC Registration website and click on register. 5

Step 2 The following screen will appear, asking whether you are a business or individual. If you file as a business, you will need to submit your business s federal tax number. If you file as an individual, enter your social security number or taxpayer ID. Step 3 Fill out the online form. The FRN number will be presented and you should write down the password, for safe keeping. 6

Step 4 Click on the link to FCC Universal Licensing System (ULS). Click on ULS License Manager. The other link, ASR Online Filing, is to register base station sites. Step 5 Enter the FRN number previously provided to you and your password. You will then see a list of your licenses under My Licenses, if you have previously registered. Step 6 In the drop down box, select NN 3650 3700 MHz. Step 7 Fill out the application and contact information. 7

Application Information Contact Information 8

Step 8 The following screen will be presented, after entering your contact information. Most applicants will answer No to the question regarding the exemption and waiver. You can ignore the Renewal Date, as all 3.65 GHz licenses are for ten year terms. Step 9 Continue filling out the forms. The following screens will be presented. 9

Step 10 Answer questions about foreign entity status. Step 11 Answer questions regarding legal or negative regulatory history. 10

Step 12 You are almost there! The summary page enables you to double check your information and make changes if needed. Step 13 Complete the Certification page. Since you are entering a binding agreement, definitely read the fine print on this page and consult legal counsel if necessary. After submitting this information, the payment page appears and you will have the ability to print the application. 11

APPENDIX: Grandfathered Exclusion Zones State City Latitude Longitude NAD* Call Sign Filenumber Licensee CA Chatsworth 34 14'20.70"N 118 34'11.50"W 83 E000326 SESMOD2000112902256 McKibben Communications CA Livermore 37 45'40.00"N 121 47'53.00"W n/s KA232 SESLIC1997103001576 Sprint Communications Company, L.P. CA Malibu 34 4'52.60"N 118 53'52.90"W 83 E980066 SESMOD2000112902218 AT&T Corp. CA Malibu 34 4'50.30"N 118 53'46.40"W n/s KA273 SESRWL2000072401194 AT&T Corp. CA Malibu 34 4'49.70"N 118 53'43.90"W 27 KA91 SESMOD1998081701067 AT&T Corp. CA Malibu 34 4'51.00"N 118 53'44.00"W 27 KB32 SESMOD1998081701066 AT&T Corp. CA Mountain House 37 45'0.70"N 121 35'37.80"W 83 KA206 SESMOD2000022200272 Pacific Satellite Connection, Inc. CA Mountain House 37 45'1.70"N 121 35'38.80"W 83 KA86 SESMOD2000022200265 Pacific Satellite Connection, Inc. CA Salt Creek 38 56'20.20"N 122 8'48.00"W n/s KA371 SESRWL1999101201864 AT&T Corp. CA Salt Creek 38 56'21.00"N 122 8'49.20"W 27 KA372 SESRWL2003103101527 AT&T Corp. CA Salt Creek 38 56'22.30"N 122 8'49.60"W n/s KA373 SESRWL2000121502350 AT&T Corp. CA San Ramon 37 45'39.70"N 121 47'56.80"W 83 E6241 SESMOD2000112902270 Sprint Communications Company L.P. CA Somis 34 19'31.00"N 118 59'41.00"W 27 KA318 SESRWL2002030500275 SES Americom, Inc. CA Sylmar 34 18'55.00"N 118 29'12.00"W 83 E6148 SESRWL2004102901607 FiberSat Global Services, LLC CA Sylmar 34 19'4.00"N 118 29'0.00"W 27 KA274 SESRWL1999022500279 Globecast North America Incorporated CA Three Peaks 38 8'51.90"N 122 47'38.00"W 83 E950208 SESMOD2001032600656 Loral Spacecom Corporation FL Medley 25 51'19.00"N 80 19'52.00"W n/s E960068 SESLIC1995120700087 Teleport Of The Americas, Inc. FL Medley 25 50'26.00"N 80 19'3.00"W 27 E960406 SESMOD1999042201041 Globecast North America Incorporated FL Melbourne 28 5'10.00"N 80 38'10.00"W n/s E950276 SESMOD2003051500668 Harris Corporation FL Melbourne 28 2'25.00"N 80 35'48.00"W 27 KA354 SESLIC1995032300008 Melbourne International Communications Limited FL Miami 25 55'33.30"N 80 13'16.20"W 83 E980299 SESMOD2000072101188 USA Teleport, Inc. FL Miami 25 48'35.00"N 80 21'10.00"W 83 KA407 SESRWL2004030500317 Americasky Corporation FL Miami 25 48'35.00"N 80 21'11.00"W n/s KA412 SESRWL2004042200574 Americasky Corporation FL Miramar 25 58'32.00"N 80 17'0.00"W n/s E960105 SESLIC1995122600010 GEMS International Television FL Orlando 28 25'29.00"N 81 7'21.00"W 27 KA280 SESRWL2000101902129 Sprint Communications Company L.P. GU Pulantat 13 25'0.00"N 144 44'57.00"E n/s KA28 SESLIC1997081401122 MCI WORLDCOM Network Services, Inc. GU Pulantat 13 25'5.20"N 144 45'5.70"E 83 KA326 SESMOD2000120102250 MCI WORLDCOM Network Services, Inc. HI Haleiwa 21 40'14.60"N 158 2'3.10"W 83 KA25 SESMOD2003051300642 Intelsat LLC HI Paumalu 21 40'27.00"N 158 2'16.00"W 27 KA265 SESMOD2002040500579 Intelsat LLC HI Paumalu 21 40'15.50"N 158 2'6.10"W 83 KA266 SESMOD2004081801190 Intelsat LLC HI Paumalu 21 40'14.10"N 158 2'6.10"W 83 KA267 SESMOD2004081801191 Intelsat LLC HI Paumalu 21 40'25.00"N 158 2'16.00"W 27 KA268 SESMOD2002040500583 Intelsat LLC HI Paumalu 21 40'24.00"N 158 2'16.00"W 27 KA269 SESMOD2004042900611 Intelsat LLC HI Paumalu 21 40'24.00"N 158 2'16.00"W 27 KA270 SESMOD2004011300031 Intelsat LLC MD Clarksburg 39 13'5.60"N 77 16'12.40"W 27 KA259 SESMOD2002040500569 Intelsat LLC MD Clarksburg 39 13'5.00"N 77 16'12.00"W 27 KA260 SESMOD2002040500571 Intelsat LLC MD Clarksburg 39 13'2.60"N 77 16'10.90"W 83 KA261 SESMOD2003040200453 Intelsat LLC MD Clarksburg 39 13'1.80"N 77 16'11.40"W 83 KA262 SESMOD2003040200454 Intelsat LLC MD Clarksburg 39 13'4.40"N 77 16'13.90"W 83 KA263 SESMOD2004040800539 Intelsat LLC MD Clarksburg 39 13'5.20"N 77 16'13.90"W 83 KA264 SESMOD2004040800538 Intelsat LLC MD Clarksburg 39 13'7.00"N 77 16'12.00"W 83 KA275 SESMOD2003051300641 Intelsat LLC ME Andover 44 38'1.20"N 70 41'51.30"W 83 E000306 SESLIC2000062201004 MCI WORLDCOM Network Services, Inc. ME Andover 44 38'1.20"N 70 41'51.30"W 83 E000700 SESLIC2000113002229 MCI WORLDCOM Network Services, Inc. ME Andover 44 37'58.00"N 70 41'54.00"W n/s KA349 SESMOD1997060300716 MCI WORLDCOM Network Services, Inc. ME Andover 44 37'58.20"N 70 41'55.30"W 83 KA386 SESRWL2003102101443 MCI WORLDCOM Network Services, Inc. ME Andover 44 38'0.00"N 70 41'55.00"W 27 WA20 SESRWL2003091701297 MCI WORLDCOM Network Services, Inc. ME Andover #6 44 37'58.20"N 70 41'55.30"W 83 E930190 SESRWL2003062400894 MCI WORLDCOM Network Services, Inc. NC West Jefferson 36 25'50.00"N 81 23'45.00"W n/s E970334 SESLIC1997052700684 Infotel International Services, Inc. NJ Carpentersville 40 38'39.00"N 75 11'29.00"W 27 E7541 SESMOD2000113002268 Lockheed Martin Corporation NJ Carteret 40 34'44.70"N 74 13'0.50"W 83 E950361 SESMOD2000080801394 All Mobile Video, Inc. NJ Carteret 40 34'45.40"N 74 12'59.50"W 83 E950372 SESMOD2000080801390 All Mobile Video, Inc. 12

APPENDIX: Grandfathered Exclusion Zones (cont d) State City Latitude Longitude NAD* Call Sign Filenumber Licensee NJ Franklin 41 7'4.00"N 74 34'33.00"W n/s E6777 SESLIC1999031200365 Sprint Communications Company, L.P. NJ Franklin 41 7'4.00"N 74 34'33.00"W n/s KA231 SESRWL1997062300835 US Sprint Communications Company L.P. NY Hauppauge 40 49'15.40"N 73 15'48.40"W 83 E950436 SESMOD2002030700321 Reuters America, Inc. NY Hauppauge 40 48'53.60"N 73 14'18.40"W 83 E970361 SESMOD2000112202201 Globecomm Systems, Inc. OR Moores Valley 45 20'32.40"N 123 17'19.40"W 83 KA365 SESLIC2003100201362 Neptune Pacific License Corporation PA Catawissa 40 53'39.00"N 76 26'21.00"W 27 E980493 SESMOD2000112902217 AT&T Corp PA Hawley 41 27'51.00"N 75 7'47.90"W 27 E950209 SESMOD1996073100731 Loral Spacecom Corporation PA Roaring Creek 40 53'35.90"N 76 26'22.60"W n/s KA444 SESRWL2002041800608 AT&T Corp. PA Roaring Creek 40 53'37.50"N 76 26'21.80"W 27 WA33 SESRWL2004032300452 AT&T Corp. PR Carolina 18 26'0.00"N 65 59'35.00"W 27 KA377 SESRWL2003071000942 Americom Government Services, Inc. PR Humacao 18 9'5.00"N 65 47'20.00"W n/s E872647 SESRWL2000091201765 Telecommunicaciones Ultramarinas de Puerto Rico PR San Juan 18 26'47.00"N 66 3'58.00"W 27 KA466 SESLIC1995030600004 Telecommunicaciones Ultramarinas de Puerto Rico TN Nashville 36 14'5.70"N 86 45'21.40"W n/s E960050 SESLIC1995101100315 Northstar Studios, Inc. TN Nashville 36 14'5.70"N 86 45'19.40"W n/s E960073 SESLIC1995101700295 Northstar Studios, Inc. TN Nashville 36 14'6.20"N 86 45'20.40"W n/s E970010 SESLIC1996100800361 Northstar Studios, Inc. TX Desoto 32 37'48.00"N 96 50'32.00"W n/s KA306 SESRWL2002030300266 Megastar Inc VA Alexandria 38 47'38.00"N 77 9'46.00"W 27 E970267 SESMOD2004070200978 SES Americom, Inc. VA Alexandria 38 47'36.00"N 77 9'59.00"W 27 KA81 SESMOD1998071701970 SES Americom, Inc. VA Bristow 38 47'1.60"N 77 34'24.30"W 83 E000152 SESMOD2004020900202 New Skies Networks, Inc. VA Bristow 38 47'2.40"N 77 34'21.90"W 83 E000696 SESMOD2003102801506 New Skies Networks, Inc. VA Quicksburg 38 43'45.40"N 78 39'25.10"W 83 E000589 SESLIC2000082401509 MCI WORLDCOM Network Services, Inc. VA Quicksburg 38 43'45.40"N 78 39'25.10"W 83 E010140 SESLIC2000113002478 MCI WORLDCOM Network Services, Inc. VA Quicksburg 38 43'45.40"N 78 39'24.20"W 83 E990175 2 SESMOD2000113002226 MCI WORLDCOM Network Services, Inc. VA Reston 38 57'0.00"N 77 22'40.00"W n/s E950406 SESLIC1995062900762 Sprint Communications Company, L.P. WA Brewster 48 8'51.00"N 119 41'29.00"W n/s E960222 SESLIC1996022101766 SES Americom, Inc. WA Brewster 48 8'49.00"N 119 41'28.00"W 27 KA20 SESRWL2002110601960 SES Americom, Inc. WA Brewster 48 8'51.00"N 119 41'29.00"W n/s KA294 SESRWL2003072201015 SES Americom, Inc. WA Yacolt 45 51'46.40"N 122 23'44.30"W 83 KA221 SESMOD1999082001537 MCI WORLDCOM Network Services, Inc. WA Yacolt 45 51'45.50"N 122 23'43.80"W 83 KA323 SESMOD1999082001536 MCI WORLDCOM Network Services, Inc. WV Albright 39 34'7.00"N 79 34'45.00"W 27 KA413 SESRWL2004060800805 AT&T Corp. WV Etam 39 16'50.00"N 79 44'13.00"W n/s KA378 SESRWL2001060801039 AT&T Corp. WV Etam 39 16'48.00"N 79 44'14.00"W 27 WA21 SESRWL2001060801038 AT&T Corp. WV Rowlesburg 39 16'52.10"N 79 44'10.70"W n/s KA351 SESRWL2002092301654 AT&T Corp WY Cheyenne 41 7'56.00"N 104 44'10.50"W 27 E950253 SESMOD2000050500706 Echostar North America Corporation WY Cheyenne 41 7'55.70"N 104 44'11.50"W 27 E980118 SESMOD2001111402151 Echostar North America Corporation 13